1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1030 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 9-19. |
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7 | 7 | | Synopsis: Passenger restraint systems. Repeals a provision specifying |
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8 | 8 | | that failure to comply with the laws concerning safety belt and child |
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9 | 9 | | passenger restraint system use does not constitute fault or contributory |
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10 | 10 | | negligence. Repeals a prohibition against the admission of evidence of |
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11 | 11 | | failure to comply with the law concerning safety belt use in civil |
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12 | 12 | | actions to mitigate damages. |
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13 | 13 | | Effective: July 1, 2024. |
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14 | 14 | | Torr |
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15 | 15 | | January 8, 2024, read first time and referred to Committee on Judiciary. |
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16 | 16 | | 2024 IN 1030—LS 6010/DI 137 Introduced |
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17 | 17 | | Second Regular Session of the 123rd General Assembly (2024) |
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18 | 18 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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19 | 19 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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20 | 20 | | additions will appear in this style type, and deletions will appear in this style type. |
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21 | 21 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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22 | 22 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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23 | 23 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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24 | 24 | | a new provision to the Indiana Code or the Indiana Constitution. |
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25 | 25 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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26 | 26 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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27 | 27 | | HOUSE BILL No. 1030 |
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28 | 28 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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29 | 29 | | motor vehicles. |
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30 | 30 | | Be it enacted by the General Assembly of the State of Indiana: |
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31 | 31 | | 1 SECTION 1. IC 9-19-10-0.1, AS ADDED BY P.L.220-2011, |
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32 | 32 | | 2 SECTION 213, IS AMENDED TO READ AS FOLLOWS |
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33 | 33 | | 3 [EFFECTIVE JULY 1, 2024]: Sec. 0.1. (a) The amendments made to |
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34 | 34 | | 4 section 7 of this chapter (before its repeal) by P.L.121-1993 apply to |
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35 | 35 | | 5 a product liability action that arises after June 30, 1993. |
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36 | 36 | | 6 (b) This section expires July 1, 2034. |
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37 | 37 | | 7 SECTION 2. IC 9-19-10-7 IS REPEALED [EFFECTIVE JULY 1, |
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38 | 38 | | 8 2024]. Sec. 7. (a) Failure to comply with section 1, 2, or 3.1(a) of this |
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39 | 39 | | 9 chapter does not constitute fault under IC 34-51-2 and does not limit |
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40 | 40 | | 10 the liability of an insurer. |
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41 | 41 | | 11 (b) Except as provided in subsection (c), evidence of the failure to |
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42 | 42 | | 12 comply with section 1, 2, or 3.1(a) of this chapter may not be admitted |
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43 | 43 | | 13 in a civil action to mitigate damages. |
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44 | 44 | | 14 (c) Evidence of a failure to comply with this chapter may be |
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45 | 45 | | 15 admitted in a civil action as to mitigation of damages in a product |
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46 | 46 | | 16 liability action involving a motor vehicle restraint or supplemental |
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47 | 47 | | 17 restraint system. The defendant in such an action has the burden of |
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48 | 48 | | 2024 IN 1030—LS 6010/DI 137 2 |
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49 | 49 | | 1 proving noncompliance with this chapter and that compliance with this |
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50 | 50 | | 2 chapter would have reduced injuries, and the extent of the reduction. |
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51 | 51 | | 3 SECTION 3. IC 9-19-11-8 IS REPEALED [EFFECTIVE JULY 1, |
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52 | 52 | | 4 2024]. Sec. 8. Failure to comply with this chapter does not constitute |
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53 | 53 | | 5 contributory negligence. |
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54 | 54 | | 2024 IN 1030—LS 6010/DI 137 |
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